The Sun. — London, England, 1826-12-08 00:00:00

Journal have been put into the Dublin Post-office tuithout any address; and .the London Post-office had no less than six numbers of one Morning Paper put in this week withont any superscription ! If such irregularities occur out of doors, it is manifestly unjust to attribute the neglect to the Post-office. We would recommend those who may feel aggrieved in similar cases, always to apply to the Secretaries of the General Post-offices, and we can assure them, from grateful ex perience, of prompt attention to their respective cases. It is at all times so painful to us to make any com ment on the proceedings of those venerable persons the Judges of the land, that we have hitherto abstained from any observations on the doctrines they have respectively laid down on the numerous actions for libel, which have been recently brought against the Press of this 'country ; and feeling as we do every pos sible respect for the profound judgment, as well as public station of those learned persons, we wish not to be understood, in the observations which we are about to offer, as intending to set down " aught in malice," but to make our remarks in that spirit of candid criticism, with which, in this happy land, we may be allowed to examine the proceedings of those who fill even the most exalted and venerated stations. The Learned LORD CHIEF BARON, we are sure, will not object to his law• and his judgment, as exhi bited in the Tate, trial against the Times, being can • .vassed in this spirit, but, at the same time, with that -freedom which 'ought to distinguish the independent Press of our country. The facts of the case must be so fresh in the recollection of our readers, that we need only briefly advert to them. An article appeared in the Birmingham and Sala plan Journals, which has been admitted to be a libel against a Mr. Salmi, with reference to the conduct of which he was accused towards his brother, an idiot. Proceedings were . instituted against the Papers first printing these libels, and verdicts to the amount of 500/. damages were given against them. Previously to these actions being brought, the London News papers had copied the article in question into their columns ; and notwithstanding that reparation had been-so amply made to the character of the individual, both by the amount of damages awarded to him from the Proprietors of the Papers originally sinning, and by the subsequent publication in all the papers of the kingdom of the evidence proving the falsehood of the accusation, yet after this lapse of time he now attacks the Times, as the most influential of the' London Journals, for further compensation for the injury dune to him ; and, loi'aught we know, after the doctrine laid down by the CHIEF BARON, he may institute similar actions against . every one of the numerous publications into which the libel was copied. Indefinable as the Law of Libel is already acknow ledged to be, the doctrine of 'the LORD CHIEF 'BARON that every Paper which gave circulation to this libel might be proceeded against, has rendered it so enormously wide in its range, that if the principle asserted should be carried into practice, 'time News papers, those vehicles of useful knowledge, must be at once put down. Can a Daily 'Paper be maintained without copying from other publications, local intelli gence ? and can the correctness of that intelligence be ascertained before re-publication ? Is it not the fair and legitimate object of every Newspaper to commu nicate interesting news of every kind ? and is not the cause of virtue and morality promoted by the exposure and publicity which the Daily Press affords of vicious conduct ? ' If k' Paper finds a case recorded in another Piper, which does not bear on it a prima facie proof of fabrication, surely the Editor is not deserving of the same punishment for copying it into his columns, without any malicious intentions against the individual to whom it relates, as the Editor of that journal, who inserts it originally, without due inquiry into the facts, or with a malignant and base intention ? " But," says the Learned Judge, " the licentiousness of the Press must be curbed and restrained ; and, as the circulation of the Times is wider than that of any other Paper, the greater injury is done to the individual by the in sertion, and therefore the Jury ought to mark their re probation of the libel by the amount of damages."--- ' According to this rule, we should apprehend that if 500/. were a fair quantum of damages done to Mr. Sairril by the Country Journals, the injury be sus tained by the Times, inasmuch as the sale of the latter is about fifteen times as large as that of the former, ought to have received a compensation of about 7,5001. The folly of such doctrine, as contrary to what we have ever heard of law, as it is, to common sense, is mani fest ; and in this case the Jury showed their sense, ten of them, at least, by wishing to give the smallest possible damages of id. If this is law, we contend the law ought to be alter ed. The foundation of all law should be common s ense ; and as the animus of a libel is the point first to be considered, and its malicious or careless publi cation the next, we think that the party writing it, and the one first propagating it, are those which ought to be held answerable for the consequences of it. When once published, a libel may get into every publication in Europe, and a Jury, in awarding da mages aga i nst t h e writer or first publisher of a libel, should take that consideration into account :—but to class the innocent copier of an article, contain i ng false statements, with t h e guilt fabricator, is to confound principles, sin! t o render insecure and dangerous the • ' conducting of an y J ournal however careful and well in ; tentioned may be it s e di to b r, In the immediate case under consideration, we h av edoubt wino damages, o awarded 500/. that the Juries, took into their consi deration the possible wide circulation of the libel, not in the columns of the country papers only, but as likely to be front them transfer re d to every other in the kingdom. 'The LORD CHIEF BAnoN,in his zeal to suppress licentiousness in the press, has therefore, we think, over-stepped the principles of the law of libel, and we trust that a revision of the decision bef ore a highere tribunal, will prove that his Lordship's law and juk • ment were as wrong as in their tendency they appea r to us to be injurious to the interests of Society, inas much as they are destructive of the liberty of the Press of this Country. By recent accounts from Batavia of the 15th August, it is said that the rebels bad unexpectedly obtained some advantages over the Dutch troops, which threatened their safety, unless the career of the enemy had been checked by the arrival of fresh troops. • It is with much regret that we announce the death of Captain Brown) CatTxx,•of the Royal Navy, Resident Commissioner at . the Victualling Board at the port of Plymouth. This highly revel:table officer, died at an advanced age, on Monday evening lan) at his residence, in the Royal Naval Hospital at Plymouth, of which establishment he had been the Governor for upwards of 41 years. In his public , and private character, he was upright, honorable, and amiable—respected and beloved by all who knew hint; and neither the public service, nor private society could have lost a more valuable or more esteemed member. We understand that Commissioner Creyks, is to be succeeded by Captain Sir JaMas Alexander Gordon, K. C. B. THE FUNDS. • CITY, (Triis DAY), Twelve o' Cock. Consols have been steady all this morning at 8 4 4 4 , without any particular business. In the Foreign Funds a sudden decline has taken place since the opening of business ; Mexican Bonds were 714 1, but have fallen to 704 4; Colombian, from 414, have fallen to 391 ; a good deal of business has been transacted, but this decline is attributed to the state of the account rather than to any fresh intelligenee received, Extensive interest has lately been exhibited among speculators in Schemes, and the stimulus seems to be continued in Anglo Mexican, the discount having fallen to 15 ~ United Mexican to 4i 34, and they were done at 2 dm. after hours of business yesterday ; Potosi, 75 7 per Share ; Colombian Mines are also quoted as high as 15 17 per Share. Three per Cent. Consols, shut ; Ditto for account, 841 1; India Bonds, 37 9 pm. ;- Exchequer Bills, 18 19 pm. FORZIGN F uNns. —Brazilian, 65 7; Buenos Ayres, 63 5; Chilian, 39 40 ; Peruvian, 32 4 ; Colombian, 1824,, 404 1 ; Mexican 5 per Cent., 59 60 ; Ditto 6 per Cent , 714 4 ; Danish, 62 1; Portuguese, 754 ; Greek, 19 4; Russian, 861 74; Spanish, 12/ 134. Mixxs.—Anglo Mexican, 174 15 dis. ; United Mexican, 41 31 die. ; Real del Monte, 140 60 pm. ; Tlalpuxahua, 55 65 ; Brazilian, 9 11 pm. ; Bolivar, 1 2 pm. ; Colombian, 15 17 per Share; Potosi, '75 7 per Shire; Pasco Peruvian, 1 per Share; General Mining Association, 1 1 pm. Two o' Clock. There has been no alteration in Consols, 84i i being the only price all day ; report on Change says, there will not be any va riation until a certain great Capitalist has taken them in hand. Mexican Bonds 70i ; Colombian 39 4. - THREE O'CLOCK. Three per Cent. Console for account, 841 FOUR O'CLOCK - -CLOSING PRICES. , Consols . Danish Bonds Do. for 'Am. 841 Greek Do. 1825 19 Brazilian Bonds 66 Mexican Do. 1825, 70# Buenos Ayres Do. Peruvian Do. Chilian Do. Russian Db. 87i Columbian, 1824, 39 Spanish Do. 13j The Arigna Committee of Inquiry met yester day, and in the evening obtained leave to meet to pursue their inquiries, notwithstanding any adjournment of the House. It is .to be hoped that this Committee will spare neither time nor labour in probing this Thing to the bottom ; and we hope that it is merely a prelude to probing other things of a still more ini quitous nature than' this. . LITERARY AND . SCIENTIFIC INTELLIGENCE. On Monday evening last, the Royal Society of Edinburgh, held their first ordinary meeting for the seasitn, in their splendid new apartments in the building of the Institution, in Pr►nce's.strees. The President, Sir Walter Scott, Bart, in the Chair. Among the transactions of the evening were, a notice by Dr. Brewster, of a nett , fluid in a large cavity, in a specimen of sapphire. Observations on one of the Comet& of 1825, tending to esta blish a motion of rotation about its axis; communicated by Sir Thomas Brisbane, K.C.B. Captain Basil Hall, exhibited a pocket Azimuth and Altitude Circle, recently devised by Captain hater ; and a new mineral, termed sternbergite, was described by W. Haidinger, Esq. LAW INTELLIGENCE. , COURT OP CHANCERY.--(THIS Day.) HABEAS CORPUS. IN T/IR MATTKR OF JACKSON AND POWER, BANKRUPTS. , The Loan CHANCELLOR occupied a great portion of the morn ing in minutely going through the examinations in this matter of the bankrupt Jackson, by the. Commissioners, upon which he had been committed to Warwick gaol for giving un satisfactory answers; to point out his opinion upon all the different questions and answers ; and the opinion of the Court upon the whole was, that the bankrupt ought not to have been committed for unsatisfactoriness in the answers he had given. He had gone before the Commissioners' under circumstances that rendered it almost impossible for him to give accurate details of his partnership 'property, &c. ; but whether the answers he hail given were true or false, they were direct, unshdffling answers, to to the questions put to him, and even if such his answers might be a complete avowal of his conduct previous to the bankruptcy. Such a circumstance made the answers still more satisflwtoty than if they bad gone to the purity' of his conduct. His Lord.: ship, consequently discharged the bankrupt from his commit:- ment. But he could not part with the case without saying, that the Commissioners would do well to examine the bankrupt more folly upon matters that had beet& submitted ; the Court ought to discharge him from it also instanter. Mr. HART stated that the bankrupt would still have to go back to the gaol, as he was detained for other matters. Mr. HORNS Amid there was only one detainer against hint, whichlad been lodged by a gentleman now in Court, and that as that detainer had been lodged after the commitment by the Coin missioners, it already bad been made the subject of general examinatioi:. 4 His Lotmanr thought be ought to hear the other side upoa it. Mr. HORNE then asked for leave to give notice of the applied tioa for Monday. Mr. MONTAGU thought the application ought to he made to- MOITOW. His Lo'mutes opinion was, that the detaining creditor should have till Monday to consider of the application then to be made. I Mr. Hoßiga wished to know whether it would not be better that the bankrupt should be kept in London till Monday, under these circumstances. His LORDSHIP could give no directions on this point, as it was entirely for the consideration of the Sheriff and gaoler. VICE-CHANCELLOR'S COURT.—(Tuts Day.) ETON GRA MMAR —I NJ UNCTION. SMITH V. WALKER, EDWARDS, AND OTHERS. In this case an injunction had been obtained for the purpose of restraining the defendants from printing or publishing an edition of the Eton Grammar, of which the plaintiff, a schoolmaster, re siding at Kentish-Town, claimed the exclusive copyright; the plaintiff stated that he had emplqed the defendant Edwards as his agent and amanuensis, to assist him in compiling a new edition of the Eton Grammar, to which the plaintiff. made various additions, and improved materially by supplying the accentuation and scan ning of all the words in the 'work. Mr. Masse, now appeared for the defendants, and stated that Edwards in his answer denied that he was employed at the agent of the plaintiff; that on the contrary, Edwards was bilovelf the author of it, but that not being ambitious of the fame of an au thor, he ' had permitted the plaintiff, with whom he was then living as a Classical Assistant, to publish it in his name on the express condition that no alteration or addition whatever should be introduced into it by the plaintiff, who was represented by the defendant to be "wholly ignorant of scanning or accentuation." The defendant stated, that notwithstanding this condition the plaintiff bad subsequently made alterations in the work "highly derogatorY to the dignity and credit" of the defendant, wine was generally known to be the author ; the defendant admitted having received 30/. from the plaintiff fir his trouble in superintending the publication of the grammar, hut not as the price of his copy tight in it. The defendant also admitted that he had lately pub lished an edition in which he replaced what had. been struck out by the plaintiff. Hie !lowa' admitted that if such alterations as amounted to a breach of the condition could be pointed out to him, he would he inclined to dissolve the injunction. Mr.' Hoar war unable to direct his Honour's attention to any alterations, except a few, which appeared in theft The Injunction was continued.. COURT OF ICING'S BENCH.--Titis DAY. (Before the Loan Ceue? Junin and a Common Jury.) • CHERRY RIPE. turiAeldr. Buononam addressed the Court this morning, stating that the defendant in the case %Oise. Duncombe, which had been yesterday intended to make a defence, but owing to some p e u g ut l id i i g n : ato ne hk e eis o : oovi t a i r l it e e t rar a to r ieu t lgotifilanmilli,i,se)attorney's clerk, the brief was not taken place. * The C verdictl i ands n u o n w ti . l after the ti had "um JUSTICIC observed, that he could not help that, he RICHAIthS V. sin GREGORY PAO/ TURNER. This ital an action, brought to recover from the def en dantivi. t h e sum of Mi ~ th e amount of a promissory note given luu John Kennedy, Iv ' endorsed it to liarr Nailor. It we e the bytil latter endorsed to the pl a i nt i ff, who is ) ; t a il o r on Hollewn'tt— The hand-writing of the defendant having been proved, Mr. ScAumerr addressed the Jury for the defendant. This note, he observed, wa s a perfect nullity, the defendant not being competent to manage his own affairs at the time it was written; it was impoesible for the plaintiff not to be cognisant of thisfact, as Sir Gregory was found to be a lunatic since Deeemiter 1823, by an Input which was held iu June 1824 ; . ..this must be known to every person who was in .the habit of. reading the Newspapers. It appeared that Sir Gregory himself, net convinced of his lunacy, was preptiled.upon to traveree dui inquisition; the matter was tried_ again in Bedfordshire, at the Spring Assizes, and the de fendant was a second time found incompetent to manage his own affairs:. It was in interim bet Ween the first and second inquest that Mr. Kennedy, who had been a servant to the defendant, and 'discharged in 1823, found access to him thniugh the means of Mr. Corbett, au attorney, and procured from hita the note in question, which pretends to be in consideratiOn of service. The fact was, that Kennedy had not been in the defendant's ser vice since 1823, and on his leaving, at that period, he gave a re ceipt in full for his salary ; but the defendant was in the habit of giving such notes to every person who asked fur them, of which the following were a few specimens : " . ..Sir Gregory Page Turner means to accommodate Mr. M'Nare with 1501., in three months' time, in consideration of his not shaving hint, dated Jan. 12, 1824." " Sir Gregory Page Turner promises to pay Mr. Bull, 501. in consideration of his not holding his nose while Mr. M'Nare is shaving him." - " Sir Gregory Page Turner will accommodate Mr. Bull with 50/. for not mentioning that he tore his shirt in a fortnight after his liberation." From these specimens the Jury might easily judge how easy it was to get such notes from the defendant. He (Mr. Scarlett) tulmitted.that if a man be cognizant of what he was about, he was liable for the amount of his note, even though given without con sideration, when it got into the hands of a party who gave consi deration for it; but he submitted that under such circumstances as the present the plaintiff was not entitled to recover: ' The verdict of the Commissioners establishing the defendant's lunacy was then put in. Mr. APNare examined by Mr. SCARLETT,--I was appointed to take care of Sir Gregory Page Turner in the King's Bench, in 1823. The state of his *dud was the same from that perioil down to this ; he gave me the note as above unmated. Examined by Mr. CHITTY.—Ne was sensible at times, but on the whole incompetent to manage his own affairs. Sir George TuthiU examined by Mr. STORKS—I have been in the habit of attending the defendant since 1823, before that time I frequently attended him in attacks of insanity. From Nes until the present time he was totally incompetent to manage his own affairs. Cross-examined by Mr. CHITTY—I believe that the defendant has at times the power of exercising his understanding to a certain degree. I have not heard from hint that he gave 90001. to Mr. • Ackerman, in the Strand, for pictures *which he purchased 'from him. Henry Corbett, examined by Mr. Cutm—l had access to the defendant in the King's Bench from Augnit 1825 until the spring of this, year ; the body of the note in question is in my hand writing ; the reason why I wrote it is this Gregory told me that he I l iad heard from Kennedy, that he would he arrested by a tailor for a sum of money which he owed him, and that he was desirous of keeping Kennedy in his service and of doing some thing to prevent the arrest ; for that purpose, he desired me to bring him a stamped note prepared to the amount of the debt, to give to Kennedy ; I did so accordingly, and he signed it ; as far as I could judge Sir Gregory knew what he was about as well as I did myself at the time, otherwise I would , not have asked hint to sign it. Cross-examined by Mr. SCABLETT—When I applied to the Lord Chancellor after the first inquest of- lunacy, to allow emu to the defendant in the King's Bench, in order to consult hint re specting the traverse of the inquest, his Lordship refused me au order, unless I had a written order front Sir Gregory, appointing me his attorney. I afterwards obtained an order of access from the Court of King's Bench. Independent of this note, I have drawn another note for his gardener. The amount of the defendant's debt to me is inconsidetable ; neither I nor any medical man was examined at Bedford to support my opinion of hia state of mind. Mr. Scastuerr again addressed the Jury for the defendant, and observed, that neither this Court nor the Court of Chancery had any idea that Mr. Corbett would allow Sir Gregory to sign such notes, though Mr. Corbett was a respectable man he (Mr. Scar lett) would say that he had mistaken his duty, though he was admitted to the defendant, in order to give him an opportunity of traversing the inquest, still he had no authority to go one iota be yond what related to that. It was for the Jury to decide whether Mr. Corbett'e evidence (who was interested in the result, inas much as he has acknowledgements from the defendant of a debt incurred at the same period,) was entitled to more credit than that of Sir George Tuthill, respecting the state of Sir Gregory's mind, Mr. CHITTY replied; and the LORD CHIEF JUSTICE was about to charge the Jury, when they said they deemed it unnecessary, as they had already Teed to give a vei diet for the defendant. c.xitißy -orreaitimoN h: AS. —:-('riss ) Several causes were disposed of before the Chief Justice, none of which was of any public interest. OLD BAILEY.—(Tius DAY) OLD COURT. • (Before Mr. Sergeant Anaotti.) • William Stevens end Thomas Braheny were tried for as saulting Thomas Webb, on the King's highway, on the 28d Nov., and stealing front him a purse and one sovereign. It appeared that the prosecutor resides at Staines, but coming to London on some business, intended to remain in town, and ap plied to a woman in Fenchurch-street to procure him a bed, as he was a stranger. The prisoner Stevens then came up and offered his services. Ile took prosecutor to a public-house, where no bed could be had ; he then asked prosecutor to walk with him a few steps, and asked him to go down a court, which prosecutor refused, when Stevens seised him by the coat, and instantly two other men came up, and one of them thrust his hand into prosecutor's pocket, and stole his puree, which contained one sovereign. . - Prosecutor could nut identity either of the two men who robbed hint. Mary Ann Broughton confirmed the prosecutor's testimony, and swore/that Braheny was one of the two men that came up and assisted Stevens. Witness saw Stevens give something to the other men, who ran away. The Constable who took Stevens into custody swore that when he was apprehended, Stevens said, " Oh, its about that old fel low's purse." The prisoners were found Guilty. MURDER. (Before Mr. Justice Buattouott and Mr. Baron Hult.ocx.) Job's Ambrose, aged 64, was indicted fur the wilful murder of Mary Ann Perry, on the 9th Sept last. Charles Thomas examined—He knew deceased, who lived at No. 4, lilley-street ; she cohabited with the prisoner. Witness lived in the same honse,.and is by trade a book-binder. He oc casionally saw the deceased in the house, but was not acquainted with her nor with the prisoner. On the night of the 9th of Sept. witness went kome, at about half-past ten o'clock. He had not been at home above a few minutes when from his own room he heard the prisoner anti the deceased quarrelling. The prisoner said to her, " Y wish you would go home to your brother." Witness afterwards heard.e noise, as if blows were struck. The deceased said to privimer ; " You have . a nice dinner, to-morrow, and I suppose you want your woman to come and dress it for you." Witness could not say from her voice, whether the deceased was tipsy, but prisoner charged her with beiug so. As far as witness could judge, from the little he knew of deceased, she was a mild woman, and one not given to provoke or aggravate. Soon after the de ceased spoke about the dinner, witness heard another noise, like a blow or push, and then a sound as if some one had fallen against the door. Ile heard no more, except the prisoner talking to himself and swearing, which was his habit. After talking this way for half an hour anti saying, " go to your b--41 brother," all was silent, and witness went to bed. He did not think it necessafy to see what the quarrel was about, for deceased and prisoner frequently quarrelled. - Witness got up next morning at seven o'clock, and went to work without thiuk ing of what had passed. Before he went out, he again heard pri soner talking to himself. Witness came home late that night, and went to bed ; heard some one talking in the prisoner's room, but he did not know who. The following morning witness heard prisoner go out of his room two or three times and lock the door at" hi m . Thi s was on the Monday morning. Witness did not hear the prisoner that night at all, but on Tuesday morning the, landlady came and told witness he was w an ted. Witness was dressing, and beers his clothes were on, be heard two perilous coming upstairs, one of whom went into the prisoner's room and said, " Oh, here she is." Witness then went into the room and saw the body of Mary Ann Perry extended at full length on the right hand side of the door. There was: a great deal of blood about the floor, which appeared to have come from the head of deceased. Blood WAS sprinkled on the floor and wall. The de ceased had a piece of flannel lying near her head, evidently placed there fur the purpose of soaking up the blood. The deceased was much. bruised in the temples, and hir neck swollen and discolour ed. From all witness heard, he believes the deceased Mile to her death in consequence of the fall against the door. The wit ness was crostt•examitusi by Mr. Clarkson, but nothing material war elicited from him. William Robertson—Lived in the serue house es the last wit uess and the deceased; on the Sunday morning, prisoner came down to witness with a flat iron, which he asked to borrow; witness said "where is your wife, I have not seen her these two days?" and prisoner replied, "she has been out all night.---she is gogie to her brother's." Prironer then went up stairs, and in few minutes returned with some French beans, which he asked witness to accept,. Prisoner then went out, and remained out all day. About six or seven o'clock in the evening ,witneusaw him going up stair's, and heard him moving about his room. Witness knew nothing more of prisoner until he heard front the landlady that she feared all was not right. In consequence of this intima tion he proceeded to prisoner's 'mem, and upon opening the door discovered a bonnet and shawl lying on the table. He then call ed for his landlord, Mr. Jay, with whom witness entered the room, and beheld the body of deceased lying on two chairs, near a sack ; the beadle of the parish was then sant for, and subse quently the surgeon. . Jay (the landlord) corroborated the testimony of the other wit nevus ; he knew nothing of the murder until the body was dis covered ; the prisoner had absconded before the finding of the body. Mr. John Shepherd, a surgeon, residing in Ilatton-garden, described the state of the body when he was called in to,inspect it. Sonic of the bruises appeared to have been recently inflicted, others were not so recent. It was impossible to say whether the bruises were occasioned by blows or falls ; they might have been from falls. By the ConuT—Suppose one violent blew had been given, so as to knock the person down, and she has strength enough left to struggle, wo►tld that have produced the marks you describe ? _ _ Witness—lt certainly might. The blood which appeared had probably come from the nose or mouth, and was probably occa sioned by a blow on the nose or mouth. Upon opening the head, there appeared a considerable extravasation of blood upon the brain, between the Jura mater and pia mater. This extra vasation was quite sufficient in witness's opinion to cause the death of the woman. Cross-examined—All the appearances which witness has de scribed might have been the same if deceased died from an apo plectic fit. Persons accustomed to strong liquors were more liable than others to apoplexy._ . . Sarah Jay stated, that prisoner told her deceased was gone to her brother, and had left him. Afterwards be came and asked witness "if his mistress was in whilst he was away ?" Witness replied, that she had been out and had not seen her. Prisoner then said, " that he would be d—d if she (meaning deceased) should come there any more ; she might go to her brother, for she had robbed him enough." Hannah Mayes deposed that she was asked to look at the body by the witness, Sarah Jay. There was a piece out of the left arm as if it was bitten, and a similar appearance ou one of the thighs. It might have been by rats. Mr. Shepherd recalled, stated that the marks on the body were accurately described by Hannah Mayes. In witness's opinion they were occasioned by bruises which had been gnawed by mice. It was by no means ab uncommon case. Ile had lately known an instance where it was found necessary to kill a rat before it could be got from the body. The officer who had apprehended the prisoner stated, that when the prisoner was taken at Portman Green, he said it was an acci dent ; that he bad been to receive some money in Leather-lane, and upon receiving it, purchased some pork and French beans, which he took home for his own and Ann's supper. WI en he went home sbe began to abuse and call him opprobrious names. He said this irritated him and he struck her, when she fell, and her head came in contact with the door. He removed her froM shenoe, and put her in a corner where he used to put her when she got drunk. When he arose iu the morning he said he found she was dead ; prisoner also said that he remained in the room from Saturday until Monday night, end frequently attempted to make away with himself, but could not. He added that he should be hanged. The case for the prosecution having closed, the prisoner put in a written statement, to the effect that the deceased was in the habit of getting drunk, when she became intolerably abusive.— Thatshe had lived with him for 8 years, and he had oftentimes en. deavoured to rid himself of her, but she always found him out, and when drunk pawned his clothes. The statement then went into the particulars of the quarrel, which were in substance the same as those stated by the prisoner to the officer. In conclusion, he solemnly appealed to God to judge of his innocence, and of the truth of his statement, and declared that he had no intention se rionsly . to hurt, much less to murder the deceased. Mr. Walker (a shoemaker) stated, that the prisoner worked in his employment for some years, and that he always believed him to be a quiet, sober man. Mr. Justice Bunnoutax, in summing up, stated the legal dis tinction between murder committed with malice aforethought and accidental murder. He then minutely recapitulated the evidence, and distinctly expressed his opinion that thero was no reason to imp Ute the crime of murder to the prisoner. .In conclusion, he left it the Jury to say, whether the prisoner was guilty of man- rlaullatey or not. attired, end remained it , &Lilienthl about half an hem% when they returned a veribet acquitting the psiberuer of murder, but fyiding him guilty of " Mambo%liter." James Hill and Georsie Were indicted for the wil full murder of Henry Tyers, a child of five years old, by admi nistering to him a large quantity of gin ; in a second count they were indicted for manslaughter. George Davies sworn--Ie in the service of the landlord of the Portland- Arms ; knew Henry Tyers, a boy about four years and a b il lf o ld. Witness knows the prisoner. Hill. Between three and four o'clock on the 29th of November witness went to the Mews, where Hill was with a quartern of gin. Witness's master ordered him to go with the gin. The prisoners anti the child ware at the Mews, the latter was playing about. Witness filled a glass and gave it to Hill who drank it. Ancliffe drank another glass ; about a third of a glass then remained, which the priso ners asked witness to take ; witness said he had rather not, and asked the little boy whether he would have any gin ; the child said " yes ;" and witness gave him what remained in the glass. Wit ness was then about to go away, and Hill desired that he should bring another quartern. In a few minutes after Wards witness returned ; the prisoners took a glass each out of the quartern, and the child got what was left. He was asked whether he would take it either by Hill or witness. There could not have been wore than the third of a glass. Hill then ordered a third quartern, which was disposed of exactly in the same way as the two former. The prisoners respectively drank a glass, and the remainder was given to the child. Hill paid for the three quer terns. Witness then went back to the Portland Arms, and had not been there more than a few minutes when the child came up and desired that another tinartern of gin should be sent down to the mews. This quartern, which was the fourth, was carried by witness's fellow-servant. When the child came up to order the gin Mrs. Francis, the landlady, said, " I hope you have not been drinking the gin, my little boy," and the child said " I have had a little." Mrs. Francis then said, " How old are you, my fine little fellow ?" and the boy said, " I believe I am three years and a half old." He did not appear at all affected by what he bad already taken. _ Witness knows the boy's father, who is a meek ri tan. Cross-examined.--The prisoner Hill is in the service of Gen. Clinton. Upon every °suasion when witness went to the Mews, Hill was employed cleaning the bits and bridles, and the other pri soner cleaning the horses. After drinking their glasses, the prisoners went on with their: work. Witness is sure it was he who asked the child to take the gin the . first time, but he cannot say whether it was Hill or himself that asked the child to take it afterwards. In a quarter.% Imperial measure there is not more than two full glasses, but the glasses taken by the prisoners were not quite full, and what remained, was what the child had. Audi& did not interfere at all. Thomas Garrett swore, that he also' was in the service of the landlord of the Portland-house, and was sent down to Marylehcine Mews with a quartern of gin, which had been ordered by the child; . upon going to the Mews witness saw Hill, who desired him to fill out a glass, which witness accordingly did, and in wit ness's presence Hill handed the glass to the child, who drunk it off ; witness then filled out a second glass, of which Hill drank a small portion, and at the desire of Hill witness then filled up the glass, whirls Hill presented to the child, who drank it off; witness then as k' e d Hill whether he would pay for the gin, and Hill replied, no, go and fetch another quartern;' witness then went back to the 'Portland Arms, and returned with another quartern ; of this (the fifth quartern the child got one full glass, nd, a part of the 'second. Witness could not swear whether Hill or the child took the re mainder at: the quartern. Before witness left the stable, the child began to exhibit Symptoms of intoxication. He threw him self on the ground, and appeared as if he did not know what to do with himself. In a few minutes the boy's mother came to the stable door, and called " Henry," and the child answered " IVlo tiler." Mrs. Fyers then cause in, and upon seeing the child, said to the prisoners, " what have you been giving my child ?" but the prisoners made no answer. Mrs. Fyers then said she would tell Hill's master; to which he answered, that " he did not care a el—n for her nor his master ;" and added, " that he had given the child no gin." By this time the child was evidently very drunk, and his mother took him in her arms and carried him within doors. Crow-examined—llill appeared somewhat stupid from the titng witness first saw him. Ile seemed as if he was a little &.t" by liquor. Mr. Gilbert Burnet, a surgeon, residing in Great Marlborough street, stated that he was called upon to attend the child, about seven o'clock on the evening in question. The child lay in a atlte of stupor in his mother's arms. The child was evidently in a dying state. It appeared as if he had taken an excessive quantity of some narcotic drug. If the child had taken a large quantity of gin, it would have had the same effect op the child's constitu tion. Witness applied the usual remedies, without effect. He succeeded in ejacting some matter from the child's stomach; which smelt strongly of spirits. Witness has no doubt the child's death was occasioned by having swallowed spirits of some kiwi to an excessive extent. The father of the child deposed that he left his boy in good health, about four o'clock, and when he returned e seven the child was dying. . . It appeared that the prisoner Anrliffe bad surrendered himself, and upon the conclusion of the case for the prosecution, hlr. Ba ron Hutt.ocK. intimated his opinion that there was no evidence to go to the Jury against him. ___ The prisoner Hill having been called on for his defence, said that every time he had given the child the gin, he asked him wbe her he would have any, and the child 'voluntarily took it. He also 'declared that it was never his intention to do the child an injury. Mr. Baron HuLLocx, in charging the Jury, aura ved, that Ancliffe did not appear to hays participated in any way iu the transaction. As to Hill, there was no evidence to prove that be .was actuated by that malicious intention which was necessary to support a charge of wilful murder; but it' the Jury were o opinion that the child had come by hii death in consequence of the wanton, inexcusable misconduct of Hill, he must be found guilty of manslaughter. It was ne answer in a Court of Justice that Hill was stupid or tipsy ; he was responsible for his actewhen he bad taken liquor, as well as before; but there was no /violence which should lead the Jury to think that either of the prisoners bad taken more liquor that day than perssous in their situation might be considered able to bear. Before the Jury retired, two persons were examined, who staled that they bad known Hill for many years, and that he was gene, rally considered an honest, good-natured lad, and very fond of children. }le is about twenty-three years old. Without retiring front the box the JUry returned a verdict, ac quitting both the prisoners of the murder. Ancliffe was also acquitted of the manslaughter, but Hill was found Guilty. The Foreman said the Jury could not deliver tbek verdict without expressing their opinion that the conduct of the first witness (Davis) wasexteedingly reprehensible, as it appearedcriou bis own testimony that it was be who first - asked the child to drink the spirits. Baron UULLOCK—Indeed it was, Gentlemen ; his conduct was very reprehensible. Poaistax—Under all the circumstances my Lord, we beg to recommend Hill to mercy. Baron Hu cLocx.—Very well, Gentlemen. Henry Kirkman was then put to the tear, charged With ohs wilful murder of :lames Sullivan. Daniel Pettitt swore, that on a Wednesday evening, during the last month, he was passing through East-street, Mary!dme ; he ob., served a child crossing the road with a candle in•his band, and at the same moment, a cart came up at a rapid pace, guided by the prisoner. The prisoner was in the curt, h►e had hold of the reins, and was driving at the rate of about eight miles an hour; the road was sufficiently wide for two carts to pant; but the prisoner was at his own side of the street. It was dusk, and prisoner could not have been fur Wiwe him.— The cart ran over the child, and the people all shouted and cried out to stop the horse's. The wheel passed over the body of the child. The child was then taken away,in a woman's anus, and witness knew nothing more of the trunsaction. Cross-examineel.---The child ran from a shop across the road. Witness w•as at some distance up the street. The Coroner's In quest returned a verdict of " Accidental Death." In answer to Justice Buotto,cou—The horse , was , gallopiog, but it appeared nail' the prisoner was about to draw up-tioar the Curb-stone. Several other witnesses who were present at this unfortuate transaCtion, gave the same account of it, only differing in 'their description of the pace at which the prisoner was driving. Two witnesses swore positively that the horse was not galloping, and that the prisoner was driving at a moderate pace. The prisoner was acquitted. NEW COURT. (Before the COMMON SS N ) Gilbert Hughes was iodieted fur stealing, on the 30th of last month, three black kid gloves from the shop of lamer Currie, hosier, 164, Strand. it appeared by the evidence that the pri soner went ifito the shop on pretence of purchasing,- and secreted the gloves in his pocket. He was leaving the shop, when the ehopman accused him of .the theft. He denied it, but Was se cured, and the gloves found in his possession. He then ofered'to pay for them, but was given into custody, He had a sovereign and a sixpence at the time. The prisoner said, that his friend* were respectable, that be intended paying for the gloves when lie took them, and called witnesses - a* to hiss:armour. , lie was found— Guilty. On the verdict being pronounced, a respectable female is she gallery, who had evnae,d great anxiety during the burst into tears, and rushed from the Court in a state of distraction. FASHIONABLE INTELLIQENCE. WINDSOR, DEC. 7,—Yesterday afteraoon, at half past two o'clock, his .IVIAJESTY, accompanied by some of his household attendants, left the Royal Lodge in a close carriage, and proceeded through the new plan tations, the Long 'Walk, and the new line of road opposite, leading to the grand entrance of the Castle. lhe carriage, on entering the quadrangle, was driven up to the entrance of his MAJESTY'S suite of apart ment, where, with his attendants, he alighted, and. was met by . M r . 'Wyattrille. His MAJESTY ascended the grand staircase with a firm step, and passed through his suite of apartments, inspecting the progress made since his last visit, with which he seemed highly pleased, and expressed his approbation of the forward state of the work carrying on. The weather being very unfavourable, it was not ex pected that his MAJESTY would visit the Castle. After staying upwards of an hour, his MAJESTY entered his carriage and left the Castle, returning to the Royal Lodge. by the sanieroutehearrived. Yesterday afierno - on the Duke of Wellingt©n arrived at the Royal Lodge, on u visit to his MAJESTY. The Earl of Liverpool was rather better yesterday. His Lordship's medical attendants,visited the Noble Earl yesterday ; Sir Astley Cooper has been celled in to attend his Lordship. Mr. Secretary Canning .was indisposed on Wednes day and yesterday., Dr. Holland attended the Right Hon. Gentleman, who was somewhat recovered yes terday. The Earl of Westmoreland transacted .business yes terday at the office of the Secretary of State for Foreign Affairs. Sir Charles Stuart transacted business yesterday at the Foreign Office, in Downing -street. . . ... The George the Fourth steam' packet, has just ar rived from Gibraltar. She made her voyage from Portsmouth to Lisbon iu four de)* thequirkett Pawleys ever kuoveu...-itrigh kin Gazette. i The Bishop of Chichester w An inconsiste n t woman is otitiel p w r i e l a o cl i t s Royal, on the 17th itittant.—.o mg ton ~..arette. love: a false wom an , i s one who is already in line w i t h- sou th er person : a fickle woman is she who neither Imowe is. hum she loves, nor whether sh e l ove* or no : and the i n diff eren t woman, one who a Jots do not love at all. —Bruyere. t nt: h lo e ir C go ha r pe li l 14 1 vY.-7 , - - We are afraid the account of the discovery of fifteen of the lost books of tivy is unfounded. The journals of ,Firirence, Pisa, and Rome, which we have received sines it gut into circulation do not mention it.— Literary Gazette. POLISH islooll,rc The Emperor of Russia's last decre e on titles ordains, that in Poland no person shall SWUM* the title of Baron WAN* his income be gbt per annum.; °Mount, unless he h „,„ per annum ; awl of Prince, e can ooul wand 120 i. !--Ziterary Chroniel.. SU i 'r HIS A'IORNINCI.—The neighbourhood of Broakstreet was this morning thrown into ,het utmost alarms an docitenient, by the rumoured suicide of a gentleman con ,l with the Russia trade. This lamentable circumstance proves, we are extremely sorry to state, too true. It appears tbat gr. William Forrester, resident in Crowncourt, liroad-otteet, WO found in bed this morning quite dead. There is no doubt but the act was committed by his own hands in a fit Oravoloity. ti e hail been observed by his friends, for some time, to be ha ee ry low spirits,' occasioned by ninety,. Mr. F. was man highly respected by the merchants connected with the Russia trade, as a broker, and is admitted to be possessed of an ample property, the fruits of his industrious pursuits, tie wee sat